Date of Official Journal: 02.04.2002

Number of Official Journal: 24714

REGULATION ON RECREATIONAL CRAFTS

CHAPTER ONE

Purpose, Scope, Legal Basis and Definitions

Purpose

Article 1 — The purpose of these regulations is to set out basic safety requirements for the design and construction of the recreational craft, partly completed boats and parts, used as pleasure craft components referred to in Annex 2, affixed to a recreational craft and/or separated, and to regulate the procedures and fundamental principles concerning market supervision and inspection and CE conformity marking to ensure that craft and the components are placed to the market conforming to these requirements,

Scope

Article 2 — These Regulations apply to any type of boats, used for recreation or sports purposes, from 2.5 to 24 metres length overall and the components set out in Annex-2. The recreational boats used for charter or for recreational boating training, when they are placed on the market for recreational purposes, are within the scope of these Regulation.

The following shall be excluded from the scope of this regulation:

a) Craft intended solely for racing, including rowing racing boats and training rowing boats designed and labelled as such by the manufacturer,

b) Canoes and kayaks, gondolas and pedalos,

c) Sailing surfboards,

d) Powered surfboards, personal watercraft and other similar powered craft,

e) Original and individual replicas of historical craft designed before 1950, built predominantly with the original materials, provided that labelled as such by the manufacturer,

f) Experimental craft, provided that they are not subsequently placed on the market,

g) Craft built for own use, provided that they are not subsequently placed on the market during a period of five years following the production,

h) Craft specifically intended to be crewed and to carry passengers for commercial purposes, specially the inland waterway vessels used to pull or push the boats, of 15 DWT or bigger, not intended to carry cargo with a volume larger than 15 m3, and including those with a displacement of less than 15 m3 , without prejudice to the first paragraph of this article,

i) Submersibles,

j) Air cushion vessels,

k) Hydrofoils,

l) Recreational craft and components on the market before the date which these regulations comes into force.

Legal Basis

Article 3 - These Regulations is arranged in accordance with paragraphs (b) and (c) of second article of the decree law on the Establishment and Functions of the Maritime Undersecretariat numbered 491 and Law Concerning the Preparation and Execution of Technical Legislation for Products, numbered 4703.

Definitions

Article 4 —

a) Undersecretariat shall mean Maritime Undersecretariat, duly authorized for the preparation, execution and enforcement of legislation concerning pleasure craft.

b) Commission shall mean Commission of European Union,

c) Product shall mean any recreational craft, partly completed recreational craft or components,

d) Recreational craft shall mean any boat of any type, regardless of the means of propulsion, from 2,5 to 24 m hull length, measured according to the appropriate harmonized national standards intended for sports and leisure purposes,

e) Partly completed craft shall mean the craft containing the hull and one or more components,

f) Component shall mean any of the components used in the recreational craft, specified in Annex -2, affixed to the hull or separate,

g) Basic Requirements shall mean the minimum safety conditions the product shall have, in order to protect the human health, safety of life and property, animal and plant life and health.

h) Harmonized European Standard shall mean the standard prepared by an European standardization organization upon the order of the Commission of the European Union and the name of which is published in the Official Journal of the European Communities,

i) Harmonized National Standard shall mean is the standard which harmonizes a harmonized European standard and accepted and published by the TSE as a Turkish standard.

j) Manufacturer shall mean the real or corporate identity who manufactures, produces, improves the products or introduces himself as the manufacturer by placing his name, commercial mark or distinguishing sign to the product,

If the manufacturer is out of Turkey, the importer and/or the representative duly authorized by the manufacturer,

Additionally, the real or corporate identity, who takes place in the supply chain of the product and whose activities affect the product’s specifications regarding safety,

k) Placing to Market shall mean the activity by the manufacturer or any person responsible for supplying the product to the market, for stock or usage purposes and to have a place in the market, with or without a price,

l) Module shall mean each of the methods, indicating the suitability assessment processes the product will be subjected to, according to the risks carried by the product,

m) Conformity Assessment shall mean all kinds of activities regarding testing, inspecting and/or certifying of the product’s compliance to the requirements of these regulations.

n) Notified Body shall mean real or official corporate bodies, determined amongst the testing, inspecting and/or certifying bodies by the Undersecretariat and authorised as per the “Regulations Concerning Conformity Assessment and Approved Organizations” and principles in the mentioned regulations, and the law dated 29/06/2001 and numbered 4703, for conformity assessment activities,

o) CE Conformity Mark shall mean the mark indicating that the manufacturer has carried out all obligations arising from these regulations regarding the recreational craft and components within the scope and the product is subjected to all conformity assessment activities,

p) Declaration of Conformity shall mean the written declaration submitted by the manufacturer in accordance with Annex 15 of these regulations and indicating that the product complies with the requirements of these regulations,

r) Technical Documentation shall mean the file or documentation containing the reports and certificates showing that the product is manufactured in compliance with the requirements of these regulations and the information about the design, manufacture and/or operation of the product.

CHAPTER TWO

Placing on the market and putting into service, Essential requirements and Prohibition of placement into market

Placing on the market and putting into service

Article 5 — Undersecretariat shall take all necessary measures to ensure that the products within scope may be placed on the market and put into service for use in accordance with their intended purpose only if they do not endanger the safety and health of persons, property or the environment when correctly constructed and maintained.

Essential requirements

Article 6 -The products within scope shall meet the essential safety, health, environmental protection and consumer protection requirements set out in Annex I.

Free Movement of the Products

Article 7 — The Undersecretariat shall not prohibit, restrict or impede;

a) the placing on the market and putting into service of the products within the scope, bearing the CE marking referred to in Annex IV, in conformity with all provisions, including the conformity procedures set out in Chapter III of these regulations.

b) the placing on the market of partly-completed boats where manufacturer or the person responsible for the placing on the market declares, in accordance with first article of Annex III, that they are intended to be completed by others.

c) the placing on the market and putting into service of components referred to in Annex II and bearing the CE marking referred to in Annex IV which indicates their conformity with the relevant essential requirements, where these components are intended to be incorporated into recreational craft, in accordance with the declaration, referred to in second article of Annex III, of the manufacturer or in the case of imports from a third country, of any person who places those components on the market.

d) At trade fairs, exhibitions, demonstrations, etc., to the showing of the products within scope, which do not comply with these Regulations, provided that a visible sign clearly indicates that such products may not be marketed or put into service until they have been made to comply with the requirements of these regulations.

Where the products within scope are subject to other Regulations concerning other aspects and which also provide for the affixing of the CE marking, the latter shall indicate that such products also fulfil the provisions of those other Regulations. However, should one or more of those Regulations allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate that the product fulfils the provisions only of those Regulations applied by the manufacturer. In this case, the provisions of those Regulations must be given in the documents, notices or instructions required by those Regulations and accompanying such products.

National Standards

Article 8 — Undersecretariat shall presume compliance with the essential requirements referred to in Article 6 of products within scope, which meet the relevant harmonized national standards and shall publish the reference numbers of such harmonized national standards in the Official Gazette with a declaration.

Prohibition of Product’s Placement into Market, Recollection and Disposal

Article 9 — When the Undersecretariat ascertains that there are definite indications of;

a) 1) any recreational craft or components, even though correctly constructed, installed, maintained and used in accordance with their intended purpose, endangering the safety and health of persons, property or the environment,

2) a recreational craft bearing the CE conformity marking or components, including the ones with conformity marks on the packages, not complying with the provisions of these regulations related with themselves,

takes all temporary precautions for recollection of product from the market or prohibit or limit the placement into market or service.

b) Within the scope of these precautions, with a written notice of rectification, Undersecretariat first requests the manufacturer and/or the person placing the product into market, that the product to be brought into compliance with the provisions of these regulations.

In the notice of rectification, The Undersecretariat,

1) explains the indications and reasons of incompliance to the provisions of these regulations and the Regulations Concerning the Affixing and Use of CE Conformity Marking of the recreational craft bearing the CE conformity marking or components, including the ones with conformity marks on the packages;

2) specifies which provision or provisions of above mentioned regulations are not complied with;

3) requests from the person the notice is addressed to, to ensure the product’s compliance to Regulations Concerning the Affixing and Use of CE Conformity Marking and the provisions of these Regulations regarding CE conformity marking, the rectification of non-compliance within the time specified and submission of sufficient proof to Undersecretariat regarding product’s compliance with all provisions of above mentioned regulations within this time,

4) warns that in case of non submission of the proofs mentioned above within the time specified in the notice or continuation of the non-compliance at the end of that time, more advanced precautions may be taken for the subject recreational craft or its components or another recreational craft or component having the same type, placed into marked by the person the notice is addressed to, in accordance with the Law dated 29/6/2001 and numbered 4703 and the Regulations Regarding the Market Watch and Inspection of the Products.

c) If the non-compliance is resulting from:

1) non conforming to the basic requirements as set out in 6th article of these Regulations,

2) wrong execution of the allegedly executed standards mentioned in 8th article of these Regulations,

3) own inadequacy of the standards mentioned in the 8th article of the Regulations,

then Undersecretariat, in accordance with the Law dated 29/6/2001 and numbered 4703 and the Regulations Regarding the Market Watch and Inspection of the Products, notifies the interested bodies about the precautions taken together with the reasons of its decision.

SECTION THREE

Conformity Assessment and Notified Bodies

Conformity Assessment

Article 10 — Before producing and placing on the market products within scope, the manufacturer or his authorized representative established in Turkey shall apply the following procedures for boat design categories A, B, C and D as referred to Article 1 of Annex I.

a) For categories A and B:

1) For boats of less than 12 m hull length: “the internal production control plus tests” (module Aa) referred to in Annex 6,

2) For boats from 12 m to 24 m hull length: “the EC type-examination” (module B) referred to in Annex 7 supplemented by module C (type conformity) referred to in Annex 8, or any of the following modules: B + D, or B + F, or G or H.


b) For category C:

1) For boats from 2,5 m to 12 m hull length:

Where the harmonized standards relating to sections 3.2 and 3.3 of Annex I are complied with: “the internal production control” (module A), referred to in Annex 5,

Where the harmonized standards relating Sections 3.2 and 3.3 of Annex I are not complied with: the “internal production control plus tests” (module Aa) referred to in Annex 6.

2) For boats from 12 m to 24 m hull length: the “EC type-examination” (module B) referred to in Annex 7 followed by module C (type conformity) referred to in Annex 8, or any of the following modules: B + D, or B + F, or G or H.

c) For category D:

For boats from 2,5 m to 24 m hull length: the “internal production control” (module A) referred to in Annex 5.

d) For components referred to in Annex 2: any of the following modules: B + C, or B + D, or B + F, or G or H.

Notified Bodies

Article 11 — To carry out the tasks pertaining to the conformity assessment procedures referred to in article 10 of these Regulations, Undersecretariat, under the conditions set out by itself, establishes the bodies having the appropriate qualities amongst the testing, inspecting and/or certifying bodies resident in Turkey as approved body by Undersecretariat and notifies their product scope authorization and their specific tasks to Undersecretariat of Foreign Trade, to be relayed to Commission.

The bodies allocated an identification number by the Commission and product scopes and specific tasks, which these bodies have been appointed to carry out, are published in the Official Gazette as a communiqué and thus, the bodies are appointed as a notified body.

In the assessment of bodies, which are to be appointed as a notified body by Undersecretariat, the relevant provisions of Regulations Regarding Conformance Assessment Bodies and Approved Bodies and the criteria set out in Annex 14 are applied. The bodies meeting the assessment criteria in the relevant harmonized national standards are accepted as fulfilled the relevant provisions of “Regulations Regarding Conformance Assessment Bodies and Approved Bodies” and the criteria specified in Annex 14. Upon determination of a duly appointed notified body is not in compliance with relevant provisions of “Regulations Regarding Conformance Assessment Bodies and Approved Bodies” and no longer satisfying the criteria specified in Annex 14 and any of the conditions of authorization, Undersecretariat transacts in accordance with the relevant provisions of Law dated 29/5/2001 and numbered 4703 and Regulations Regarding Conformance Assessment Bodies and Approved Bodies. The list of the notified bodies of which authorization is revoked as per these provisions or provided that the relevant written notice is sent 3 months prior, authorization ended as per its own request are published in the Official Gazette and the situation is notified to Undersecretariat of Foreign Trade to be relayed to Commission and other member states. Relevant provisions of Regulations Regarding Conformance Assessment Bodies and Approved Bodies are applied for the further responsibilities of notified bodies, whose authorization is ended.